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L* <br /> JOINT ALGAE STUDY AGREEMENT <br /> for <br /> Bioalgene, Inc./City of Everett <br /> REAL PROPERTY MANAGER PROJECT: Algae Growth Project <br /> 3200 CEDAR STREET PARCEL ADDRESS: 4027 4th Street SE, Everett, WA <br /> EVERETT, WA 98201 TAX ACCT. 29051600100100 <br /> SITE: Water Pollution Control Facility <br /> This agreement made this day of , 2008, by and between the City of Everett, <br /> (hereinafter referred to as "City") and Bioalgene, Inc. ("Bioalgene") hereby grants permission to <br /> Bioalgene to enter upon certain property described in Exhibit A ("Water Pollution Control <br /> Facility") and work with City staff to demonstrate that algae harvested from the WPCF can be <br /> used to produce biodiesel as described in Exhibit B ("Operations Plan"). The project shall be <br /> confined to certain land to which this agreement grants a right-of-entry, legally described and <br /> shown as set forth in Exhibit A, attached hereto and incorporated herein by reference. <br /> The City and Bioalgene mutually covenant and agree as follows: <br /> 1. Bioalgene and or its authorized agents or subcontractors will make reasonable efforts to <br /> minimize disruption and inconvenience to said property and uses made thereof. <br /> 2. This agreement will become null and void at such time as Bioalgene has completed all work <br /> associated therewith and described in Exhibit B. Exhibit B is specifically incorporated into <br /> this Agreement by this reference. In any event the City may terminate this agreement on 15 <br /> days written notice of termination during which time and before the expiration thereof <br /> Bioalgene shall vacate the premises and remove all of its property. <br /> 3. As necessary for the project, Bioalgene has the right to relocate, move, set aside, or displace <br /> City's personal property that restricts or hampers project operations, after consultation with <br /> the City's Project Manager <br /> 7 <br />